HomeMy WebLinkAbout2021-08-09 21-296 OrderCITY COUNCIL ACTION
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21-296 08/09/2021
or, in the discretion of the City Council, at a special election to be called for that purpose. The Council or Committee
member so elected shall serve out the remaining unexpired term of the member whose death, resignation, removal
from the City or removal from office created the vacancy.
In the event a vacancy to be filled under this subsection (b) shall occur within 90 100 days prior to the next
regular City election, the vacancy shall be held over to be filled at the next successive regular City election,
or in the City Council's discretion at a special election to be called for that purpose. Except as provided in
Section 11 below, no special election called under this subsection (b) shall be held sooner than 90 100 days
after the date the vacancy concerned occurs.
When an election is held to fill two or more vacancies with different terms, the candidate with the highest
number of votes shall fill the longest term, the one receiving the second highest number of votes shall fill
the second longest term, and continuing in this manner until all vacancies have been filled.
Summary: Currently the Charter provides that no special election to fill vacancies will occur if a regular
election is to be held within 90 days of the occurrence of the vacancy. This amendment will change the time
frame from 90 days to 100 days to allow for sufficient time to prepare the ballot information necessary to create
accessible ballots, which accessible ballots are required to allow individuals with print disabilities to vote
through the absentee ballot system.
Art. VI. Sec. 5 Filing Nomination Papers; Acceptances of Nominations Must be Filed.
The nomination petitions for any one candidate shall be assembled and united into one petition, and filed with
the City Clerk not earlier than 80 90 nor later than 60 70 days before the day of election, except that different
intervals apply in those contingent elections which may follow a Recall election. No nomination shall be valid
unless the candidate shall file with the City Clerk in writing not later than 60 70 days before the day of election,
his or her consent accepting the nomination, agreeing not to withdraw, and, if elected, to qualify.
Summary: Currently the Charter provides that the time frame for filing nomination papers is within the time
period of 60 to 80 days prior to the election. This change will amend that time frame to a period of 70 to 90
days prior to the election to provide the necessary time to prepare ballot information necessary to create
accessible ballots, which accessible ballots are required to allow individuals with print disabilities to vote
through the absentee ballot system.
Art. VI. Sec. 11 Recall.
A member of the Bangor City Council or School Committee may be recalled and removed from elected office
by the voters of the City as herein provided.
….
(c) Calling of recall election. If the petition shall be certified by the Clerk to have sufficient valid signatures,
the Clerk shall submit the petition with the Clerk's certificate to the City Council at its next regular meeting
and shall notify the member of the City Council or School Committee whose recall is sought by such
21-296 08/09/2021
petition. The City Council shall thereupon, within ten days after the receipt of the City Clerk's certificate,
order an election to be held not less than 40 60 nor more than 60 70 days thereafter; provided that if a
scheduled election is to occur within 90 100 days after the receipt of said certificate, the City Council may,
in its discretion, provide for the holding of a recall election on the same date. In the event the individual
named in a successful recall petition chooses to resign, the Council will declare the office vacant and no
Recall election will be held. Vacancies will be filled in the manner prescribed in Section 2 of this Article
for filling vacancies occurring at times other than expiration of terms.
Within 10 days after the City Council orders a recall election, the Clerk shall make available nomination
petitions to candidates for a possible subsequent election to fill any vacancies created by the recall election.
Such petitions shall require the number of signatures specified in Section 3 of this Article and shall be
returned to the Clerk within five days after the recall election and only if a vacancy then exists.
…
(e) Majority vote required; choosing of successor. In case a majority of those voting in the recall election of
any official shall vote in favor of recalling such official, he or she shall thereby be removed from office,
effective upon certification of the election results by the City Clerk. If the recall succeeds, the City Council
shall schedule an election within 30 days of the recall election for the purpose of electing candidates to fill
any vacancies created by the recall election. If a scheduled election is to occur within 90 100 days after the
receipt of the Clerk's certificate for the recall election, the City Council may, in its discretion, provide for
the holding of the election on the same date. The contents and form of the ballot shall be the same as
provided in Sec. 8 of this Article.
Summary: Currently the Charter provides for the time frame for holding a recall election not less than 40 nor
more than 60 days after receipt of the City Clerk’s certificate of recall unless a regular election will be held
within 90 days after the receipt of said certificate. This amendment will change the time frame to be consistent
with the rest of Article VI to allow for the preparation of ballot information necessary to create accessible
ballots, which accessible ballots are required to allow individuals with print disabilities to vote through the
absentee ballot system.
IN CITY COUNCIL
AUGUST 9,2021
CO 21-296
Motion made and seconded to Open Public Hearing
Public Hearing Opened
Motion made and seconded to Close Public Hearing
Public Hearing Closed
Motion made and seconded for Passage
Passed
CITV CLE